Smith v. State
76 So. 3d 379
| Fla. Dist. Ct. App. | 2011Background
- Appellant Duane Lamar Smith was convicted by a jury of felony battery and sentenced to 73.6 months after an amended information charged aggravated battery.
- The defense asserted self-defense; no eyewitnesses existed, and the testimonies were sharply conflicting.
- The trial judge instructed on non-deadly force with a standard self-defense framework, including a misapplied reference to forcible felonies.
- The State argued self-defense, while the defense contended the injuries were caused by Young or by self-defense; seven prior felony convictions by Smith were admitted.
- The court read a forcible felony instruction that was inapplicable to this case and misread another portion of the same instruction; no defense objection was made to these specific instructions.
- Smith appeals, arguing (1) the bias issue regarding the judge and waiver of disqualification; (2) the improper jury instructions constituted fundamental error and denied a fair trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver defeats appeal on judicial bias claim. | Smith (through counsel) acquiesced to voir dire before Judge Wright; waiver. | Waiver precludes reversal; the issue remains non-fundamental. | Affirmative waiver; no fundamental error on bias. |
| Whether forcible felony instruction was fundamental error affecting self-defense claim. | Instruction was inapplicable and misread, prejudicing defense. | Error, but not necessarily fundamental; Martinez framework applies. | Fundamental error; reversed and remanded for new trial. |
Key Cases Cited
- Giles v. State, 831 So.2d 1263 (Fla. 4th DCA 2002) (forcible felony instruction not applicable absent independent forcible felony)
- Martinez v. State, 981 So.2d 449 (Fla. 2008) (framework for evaluating fundamental error when an inapplicable instruction is given)
- Vowels v. State, 32 So.3d 720 (Fla. 5th DCA 2010) (what totality of circumstances means for fundamental-error review)
- Reed v. State, 837 So.2d 366 (Fla. 2002) (contemporaneous objection rule and fundamental-error standard)
- Delva v. State, 575 So.2d 643 (Fla. 1991) (fundamental-error standard in jury instruction claims)